Legal Opinion
Rodriguez v. Casey
Wyoming Supreme Court
Decided July 18, 2002No. 01-195PublishedCited by 69 opinions
1Opinion of the Court
VOIGT, Justice.
[¶ 1] This is an appeal from a judgment on the pleadings granted to the Wilkoske Estate in a wrongful death action. The district court held that the complaint was premature and ineffective because it was filed before the related claim was rejected by the personal representative of the Wilkoske Estate, and that, when the two-year condition precedent of the wrongful death statute expired prior to such rejection, so, too, did the cause of action.
[¶ 2] We reverse.
ISSUE
[¶ 3] The Linton Estate phrases the issue as follows:
Can a wrongful death claimant against a tortfeasor-decedent's…
2Cases cited30 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- United States v. HartwellSupreme Court of the United States · 1868
- Parker Land & Cattle Co. v. Wyoming Game & Fish CommissionWyoming Supreme Court · 1993
- City of Chicago v. Environmental Defense FundSupreme Court of the United States · 1994
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3Cited by69 opinions
- Adebowale Oluseyi Adekale A/K/A Ted AdekaleWyoming Supreme Court · 2015
- Western Watersheds Project v. MichaelCourt of Appeals for the Tenth Circuit · 2017
- Hede v. GilstrapWyoming Supreme Court · 2005
- Chevron U.S.A., Inc. v. Department of RevenueWyoming Supreme Court · 2007
- In Re MNWyoming Supreme Court · 2007
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